Economic sanctions and trade embargoes
- A publicly-traded U.S. high technology company with operations in more than 100 countries to audit its approach to compliance with international economic sanctions laws: identifying gaps, recommending corrective actions and establishing a tailored global compliance program.
- Clients across multiple industries and geographies of the impact of changes to sanctions regulations, including with respect to Iran, Cuba and Russia, among other jurisdictions, to their ongoing operations as well as in connection with potential corporate transactions.
- Senior officials of a major European bank in connection with a U.S. government investigation of potential violations of U.S. economic sanctions.
- A major aerospace manufacturer on sanctions policies and compliance across three jurisdictions.
- A major European energy provider on all aspects of their sanctions and export control compliance policies.
- One of the biggest providers of engineering services on sanctions in relation to Russia, Iran and Syria.
- U.S. and EU manufacturers of telecommunications equipment and related software in making and resolving voluntary disclosures to the Commerce and Treasury Departments in the U.S. and EU.
- A subsidiary of a major U.S. defense company with an export compliance audit.
- A global provider of business and financial news services to carry out an internal investigation into unlicensed transfers of controlled products from its European distribution center.
- A Japanese manufacturing company on EU and UK export control compliance.
- A leading testing and calibration company on EU export controls.
- An engineering company on EU/French export control policy.
- Latvian bank JSC Multibanka in connection with a FinCEN enforcement action. Conducted internal review and advised regarding reform of AML practices and internal controls to the satisfaction of FinCEN, such that proposed imposition of “special measures” under the USA PATRIOT Act was withdrawn.
- Multiple financial institutions, including banks, stockbrokers and insurance companies, with regard to reviewing AML systems and procedures.
- An oil company on matters including anti-money laundering, in relation to a UK National Crime Agency (NCA) investigation. NCA investigated allegations that payments were made for the benefit of a former government official in exchange for lucrative oil contracts. We managed two dawn raids carried out by the NCA, including challenging the scope of the search warrants executed by the NCA, and other ancillary matters.
- A Fortune 500 manufacturing company in an FCPA investigation of alleged bribery of Middle Eastern officials.
- A Fortune 500 medical device manufacturer in an anti-corruption internal investigation into whether the company’s discount and sales practices breached the FCPA and/or French law.
- The board of a global technology company regarding shareholder derivative claims related to FCPA violations.
Suspension and debarment
- A senior official of a major non-U.S. defense manufacturer in connection with proposed debarment by the U.S. Department of Defense, stemming from an FCPA investigation.
- A European provider of humanitarian aid products and services in connection with a USAID investigation into bid-rigging and fraud.
Dechert lawyers know far more than the published regulations and guidance. They advise on the practical scope, interpretation, application and jurisdictional nuances of the rules and the discretion exercised by enforcement authorities such as the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and European regulatory agencies, including the UK Office of Financial Sanctions Implementation (OFSI). Our lawyers help clients with transactions, investments and exports as well as relationships with subsidiaries, employees and third parties who may raise compliance concerns. We provide a clear risk assessment of prohibited activity and commercially viable, legitimate business opportunity.
Our lawyers advise on the requirements of the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State. We also advise on the requirements that apply to “dual use” items under the EU Dual Use Regulation and the EU’s Common Military List, and requirements administered by the UK Department of Business, Innovation & Skills’ Export Control Organization (ECO) and other authorities in individual EU Member States.
The team works with companies across borders to create and implement risk-based anti-corruption compliance programs that detect and prevent violations of the Foreign Corrupt Practices Act (FCPA), UK Bribery Act and similar laws elsewhere in the world. Our lawyers counsel compliance officers, senior management, audit committees and boards of directors on sensitive matters including voluntary disclosure, discipline of employees and remediation.
Team members represent clients in internal and government investigations involving corruption, commercial bribery, bribery of foreign government officials and violations of local laws in Europe, North and South America, Asia, Africa and the Middle East. We also have experience with multilateral development bank anti-corruption investigations, audits and sanctions proceedings. We coordinate multi-jurisdictional and parallel investigations.
Dechert lawyers advise on anti-money laundering litigation and enforcement matters before U.S. federal and state courts, and in administrative proceedings brought by the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN), Financial Industry Regulatory Authority (FINRA) and U.S. federal financial regulators. Our team also represents UK and EU clients before UK and European financial regulatory authorities and works with Dechert’s cross-border investigations white collar defense group when clients face investigations and criminal prosecution. Team members serve as representatives to the Bank Secrecy Act Advisory Group, as Skilled Persons in anti-money laundering inquiries and reviews for the UK Financial Conduct Authority (FCA) and as representatives to the global funds industry in Paris before the Financial Action Task Force (FATF).
Customs procedures are highly specialized and technical. Our lawyers advise on the:
- Completion of Export Customs Declarations
- Appropriate customs documentation and statistical declarations for presentation to customs authorities
- Product classifications, including Binding Tariff Informations (BITs)
- Customs valuations
- Complex rules of origin and preference calculations
- Customs audits
- Use of duty relief programs
- Storage and movement of duty suspended goods
- Accreditation under “trusted trader” programs like the EU’s Authorised Economic Operator (AEO) and the U.S. Customs-Trade Partnership against Terrorism (C-TPAT)
In the United States, the Committee on Foreign Investment (CFIUS) is authorized to review foreign investment in a U.S. business that may affect U.S. national security. It is essential to consider CFIUS implications of a transaction early to prevent the transaction’s delay or collapse. Our lawyers advise foreign and domestic buyers, sellers and third parties on the CFIUS review process and similar FDI national security review processes imposed by governments in Europe, Asia and around the world. We advise regarding deal structure and deal terms; we help determine whether to bring a transaction before regulatory authorities; we assemble the required information and materials for a filing; and, as appropriate and necessary, we negotiate mitigation terms and national security agreements. We also advise on strategies to address political and policy considerations.
The team supports trade negotiations between the EU, UK and third country governments, with particular emphasis on the Brexit negotiations between the EU and the UK. Clients rely on Dechert to:
- Identify core objectives for the negotiations
- Analyze and assess the negotiating objectives
- Evaluate technical and legal proposals tabled by the parties
- Provide negotiations support to influence the negotiating teams through analysis and briefs
- Undertake detailed economic and political impact assessments of negotiating proposals
- Support the drafting and presentation of sound political, economic and legal arguments and counter proposals
- Develop and implement comprehensive engagement strategies aimed at key decision makers
Team members advise clients on the delicate issues that arise when a company receives a Foreign Intelligence Surveillance Act (FISA) order or national security letter and negotiate the best options for response. Our experience includes high-level service in the U.S. Department of Justice, advising the president, U.S. Attorney General and senior intelligence community officials on the most sensitive national security legal matters, including FISA requirements and limitations. This government experience includes playing a central role in the executive branch’s efforts to work with Congress to reform FISA, and in the public debates and hearings leading up to the 2008 enactment of sweeping FISA amendments. Dechert partners are often called upon to present testimony in Congress and other forums, and to speak and write on the statutory and constitutional issues surrounding the government’s surveillance authority under FISA.
Overview of Services
Antidumping and Countervailing Duties, Safeguards, China Tariffs and Other Import Restrictions
Dechert helps clients navigate the complex regulatory rules affecting their global business operations. Our team has helped governments, exporters, manufacturers and importers navigate trade remedy actions.
Our work covers:
- Defense of antidumping/countervailing duty investigations
- How to lawfully mitigate the impact of duties through changes in the supply chain or product components
- Advice on bringing trade remedies actions
- Litigation and settlement of cases
- Obtaining relief from China tariffs through exclusions, duty drawback, customs classifications, and country of origin changes
- Relief from the steel and aluminum tariffs, including actions brought under national security authority
- Customs issues associated with tariffs and duties
- Our team has served as counsel in antidumping, countervailing duty (AD/CVD) and safeguards proceedings
- We represent clients before the U.S. Department of Commerce, the U.S. International Trade Commission, the Office of the United States Trade Representative, Customs and Border Protection, courts and international organizations, including the World Trade Organization (WTO)
- We have led groundbreaking cases, including the first ever removal of an antidumping duty order in connection with the initial sunset review
- We have obtained millions of dollars in refunds of antidumping duties from the U.S. government through our successful defense work
- We recently secured tariff relief in connection with the China triffs through our advocacy, despite the strong government policy favoring the tariffs
- Our team is cost effective and produces results
The U.S. government prohibits cooperation with foreign boycotts of countries friendly to the United States. The complex rules apply not only to U.S. companies and individuals but also to foreign affiliates doing business in the Middle East and elsewhere. The team advises clients on substantive prohibitions and exceptions, related tax implications and reporting obligations. We perform internal compliance reviews, help draft voluntary disclosures and represent clients before government enforcement proceedings.
We regularly advise clients with respect to suspension and debarment proceedings before U.S. government agencies and international financial institutions (IFIs). We assist clients in improving compliance policies, demonstrating present responsibility, and negotiating settlement agreements with government suspension and debarment officials.